Big Data as Misleading Facilities

European Competition Journal, Forthcoming

Bocconi Legal Studies Research Paper No. 2978465

26 Pages Posted: 2 Jun 2017 Last revised: 15 Feb 2018

See all articles by Giuseppe Colangelo

Giuseppe Colangelo

University of Basilicata, Department of Mathematics, Computer Science and Economics; Stanford Law School; LUISS Guido Carli, Department of Business and Management

Mariateresa Maggiolino

Bocconi University - Department of Legal Studies; Ask Research Center

Date Written: June 1, 2017

Abstract

Currently, many technologies translate both empirical phenomena and human interactions into digital data. Accordingly, when processed and analysed, these data become sources of pieces of information, correlations, predictions and meanings that would otherwise remain hidden inside facts and human behaviours. Firms may use this “disclosed knowledge” for business purposes; that is, to guess not only rivals’ strategies but also consumers’ actual and potential wants and needs. Therefore, there is room to argue that, for bringing about better products and services, such “disclosed knowledge” is a competitive advantage. Yet, does this conclusion entail that the data revealing this “disclosed knowledge” essential facilities?

We do not believe so. The logic gap between business-friendly knowledge and essential data is huge, even if the data under scrutiny are not among the many and varied ones that firms may collect, and even if some consider these data as barriers to entry that shelter the market power of some firms. In other words, we maintain that characterising big data resulting in business-friendly knowledge as an essential facility is misleading. Such a characterization misses an intermediate step: that concerning the information extracted from big data. In addition, to argue against the idea that big data could be essential facilities, we consider the many drawbacks that the connected duty to share could produce.

Keywords: Antitrust, Big Data, Essential Facility

JEL Classification: K21, L4

Suggested Citation

Colangelo, Giuseppe and Maggiolino, Mariateresa, Big Data as Misleading Facilities (June 1, 2017). European Competition Journal, Forthcoming, Bocconi Legal Studies Research Paper No. 2978465, Available at SSRN: https://ssrn.com/abstract=2978465 or http://dx.doi.org/10.2139/ssrn.2978465

Giuseppe Colangelo (Contact Author)

University of Basilicata, Department of Mathematics, Computer Science and Economics ( email )

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Potenza
Italy

HOME PAGE: http://sites.google.com/site/giuseppecolangelouni/home

Stanford Law School ( email )

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United States

HOME PAGE: http://law.stanford.edu/transatlantic-technology-law-forum/

LUISS Guido Carli, Department of Business and Management ( email )

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Rome, Roma 00197
Italy

Mariateresa Maggiolino

Bocconi University - Department of Legal Studies ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

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